7
English Constitution in 19257: No state can be first rate which is not a government
by discussion. In Queensland, a sophisticated community cabinet process was
adopted in 1998 seeking to decrease public distrust in Government and increase
social capital in the community. The utility of social capital was discussed by
Professor Glyn Davis in his thought provoking paper, Re-Inventing Government
Queensland Style8:
Social capital makes possible
civic engagement peoples
connections with the life of their communities and the politics of their
nation. Those with social capital have the networks, the information,
the understanding of civic life, and the confidence to engage their
world. They develop the skills to work with other people, and a
willingness to take responsibility for their own destiny.
Social capital encourages commonsense and pragmatism. Its absence
feeds the culture of complaint a sense that everything is out of
control and other people are to blame.
Throughout the 1990s, much attention was devoted to the question of access to
justice, but the methods used were much the same as might have been employed in
Dickenss day. In 1994, the Federal Access to Justice Advisory Committee headed
by Ronald Sackville QC (as his Honour then was) considered the reports of the
Australian Senate and the House of Representatives Standing Committees on Legal
and Constitutional Affairs and a joint Select Committee; a report of the
Administrative Review Council; a Trade Practices Commission report; a report by the
Independent Committee of Inquiry into National Competition Policy; publications of
the Australian Institute of Judicial Administration; a number of reports of the
Australian Law Reform Commission (ALRC); a report of the Family Law Court; a
report of the committee for the review of the system of a review of migration
decisions; several reports of the New South Wales Law Reform Commission and of
the New South Wales Attorney-Generals department and of the New South Wales
Law Society; and several reports of the Victorian Law Reform Commission.
Fortunately, the possibility of all this important work becoming like Jarndyce v.
Jarndyce was recognised and, I think successfully, short-circuited by the Access to
Justice Advisory Committee itself, which reported in a publication called, Access to
Justice: An Action Plan in an endeavour to draw together the analysis of all of those
7
Bagehot, W. The English Constitution (2nd edition) London: Kegan Paul, Trench, Trubner, 1925.
8
www.blisinst.org.au\papers\davis_glyn_reinventing\print.html visited 31/03/2004.